Entitled to Sick pay

NASA_2

teamonster wrote: »

Hi,
My daughter has been working weekends for a large Frozen food company for two years. She has injured her wrist tendon and has been signed off work for the past month. Even though we have calculated that her average pay over the 8 weeks worked before she was sick is over the guideline £97 per week and she has been paying national insurance, she has still not received any sick pay. She has asked her employers about this on numerous occasions but they are really dragging it out - saying they're not sure if she's eligible or not. What should we do?

Get HMRC onto them. They will either comply or get fined. Assuming that your daughter is definately entitled.

Robbie64

VK-2008 wrote: »

Hi

I am currently off work sick due to being in a car accident and have been off for 6 months, i am no longer entitled to sick pay at work, and i am claiming SSP. is there any other benefits i am entitled too?

please help. many thanks

You may be able to claim Income Support depending on your income and savings. However if you are single it is unlikely that you will qualify.

Once your SSP runs out you can claim Employment And Support Allowance.

Robbie64

teamonster wrote: »

Hi,
My daughter has been working weekends for a large Frozen food company for two years. She has injured her wrist tendon and has been signed off work for the past month. Even though we have calculated that her average pay over the 8 weeks worked before she was sick is over the guideline £97 per week and she has been paying national insurance, she has still not received any sick pay. She has asked her employers about this on numerous occasions but they are really dragging it out - saying they're not sure if she's eligible or not. What should we do?

If she has been paying NI then her wages can be assumed to be £110 per week for NI purposes. She should be getting SSP. If she isn't getting any SSP then, as NASA says, she can contact the HMRC who can force the employer to pay SSP. If the employer continues to refuse to pay SSP then ultimately HMRC can pay SSP and recover the money from the employer, though they are usually reluctant to do this.

VK-2008

hey thanks for the help everyone.

the other driver has admitted liability and my lawyer says i am entitle to claim back my loss of earning. my work have paid me 9 weeks full pay and 9 weeks half pay and i have now moved onto zero pay. there has been no mention on paying SSP back and if so who do you pay it too?

i think i will apply for the ESA within next few days so that its done in advance should any problems arise. i do not know if i qualify for IS i am sooooo confused never been in this situation.

i got married in june there so i do not know if that means my entitlement will be different.

also when you are off sick and receive SSP do you tell hmrc to reduce tax/nat ins ?

jenn-1

Hi Teamonster

Your daughter needs an SSP1 form from her employer, this will tell her why they think she is not entitled to SSP from them. (There are a number of options for the employer to tick telling her why they think she is not entitled)

If she disagrees with their decision she needs to contact HMRC.

mum2one

This is from my experience - (thou its going back to 2000), I had a car accident and ended up taking 10 weeks off work. Although I was recieving company sick pay, which at the time was 30 hrs - which was my contracted hours, but as I use to do overtime in the week, and at the time Sundays weren't part of the working week, it was double time, I use to work anything from 4 to 14 hrs........ the insurance company took an average of my 8 weeks pre-accident wages, and then deducted what sick pay I had and calculated the difference, on a bad week I was losing £100 pw.

If you on full pay, then there be no loss of earnings unless overtime had happened - usually 8 to 12 weeks before, then the half pay - the difference there, when you go onto SSP - this is where it can be slightly complicated, as the SSP is repaid to the goverment, and then your part of the money will be the difference between SSP and the earnings you would of had. The SSP would all be dealt with by the solicitor, as they contact the JObcentre plus to see whether there paying you anything as a result of the accident.

I would suggest keeping a spreadsheet, in line with how you get paid, whether thats weekly, fortnightly or monthly.

Hope you get better soon xx

escortg3

Thats what got confusing for us thats why we havent claimed anything. more confusing being self employed.

We were told that we could claim benefits but it was sometimes a struggle to get the other insurers to pay up total loss of earnings. So if we do get loss of earnings we then have to pay everything back Council Tax included. Also when we receive total loss of earnings (fingers crossed)for period off sick we then owe the tax man a lump.

God so annoying that through no fault of my partners we have loads to sort out for what seems like for ever in a day. :mad: Also another thing to think about. Say you have no earnings for half a tax year great the following year you get more WTC etc but then we receive perhaps 10 months earnings in one go in next financial year we will then lose alot of WTC etc as earnings are higher.

VK-2008

so i take it i dont need to do anything as my lawyer has contacted my work and i would expect he would be the one who would work out exactly what i have lost out on. all i want is my extra wages that i have lost out on and then a whack of compensation payout. fingers crossed this woman who crashed into me has literally ruined the last 6 months of my life. arrghh

VK-2008

oh anyone know how to close the thread once question has been resolved? this is first time i have made a thread.

teamonster

Thanks for your help. My daughter's employers have now told her that she is officially on long-term sick pay but she has yet to receive any money. She has also initiated a claim for compensation through a local solicitor for the damage to her wrist caused at work. The employers have now - after two years of working there - given her an employment contract and asked her to sign it and return it to them as soon as possible. The last clause in the contract says that if she receives sick pay it is a loan and must be paid back to her employers should she receive any compensation. I have never heard of this before. Is it right and should she in fact be signing anything while her compensation claim is pending? Her employers have received the letter from my daughter's solicitor.